Attorney Assistance With Advance Directives
When a person nears the end of their life, they will want to make sure their wishes are carried out correctly both before and after their death. One issue that is important to address is what will happen if a person becomes unable to make decisions for themselves. Establishing power of attorney can provide peace of mind, ensuring that one’s needs will be met and their directions for care will be followed.
When creating power of attorney documents, it is important to work with an experienced estate planning attorney who understands the laws in your state. A skilled lawyer can provide guidance about the decisions you make and ensure that you meet your legal requirements.
Establishing Power of Attorney
Durable power of attorney allows someone to name a person (known as an agent) who will be authorized to make decisions for them if they become incapacitated or otherwise unable to make their own decisions. While each state has its own laws regarding power of attorney, there are typically two types of power of attorney recognized:
- Power of attorney for healthcare – This allows an agent to make decisions about a person’s medical care, including the treatments and medications they will receive and the methods that should be used to save or prolong their life. An agent can be given broad authority to make decisions about healthcare, or power of attorney can specify which types of decisions they are allowed to make and in what circumstances they have authority.
- Power of attorney for finances or property – This allows an agent to manage a person’s finances, including buying and selling property, transferring money into and out of bank accounts, managing investments, filing and paying taxes, managing business affairs, and receiving benefits from insurance policies, retirement plans, or government programs.
Power of attorney can go into effect as soon as an agreement is signed, or it may become effective only when a person is incapacitated. It will remain in effect until a person’s death, unless it is revoked.
When establishing power of attorney, it is important to choose a trusted person as your agent, ensuring that they will correctly carry out your wishes and make sure your needs are met. It is also important to work with an attorney who can make sure your power of attorney agreement addresses your wishes, protects your rights, and meets the legal requirements of the laws in your state.